Full question:
My housing development is fairly new, about 300 homes built 3 years ago. It backs up to a local school. There is a large section of woods between our homes and the school. There is a wooded path (looks like a short dirt road) that leads to the school from the housing area. I recently verified through the town hall that the property is zoned out to the school. For the past 3 years Parents and children have used this path to walk to and from school or throughout the day if we had to pick a child up early. There are no posted 'No Trespassing signs'. The school is also well aware of the paths use. At about an hour prior to school letting out I was recently approached by a school custodian who said I had no business being there and asked me to leave, which I did. (About once a week I will walk the path and pick up trash that the kids sometimes leave behind, then walk over to meet my child at the front of the school). I then approached the principle about this and he said that he had planned on putting up NO TRESPASSING signs, he also said 'You will be hearing from us' and no longer wanted to talk to me. ( I should mention that prior to this, I recently contacted the local code enforcement office about illegal trash dumping that had been taking place in the woods, near the path and the school had to remove the trash. (The trash appeared to be coming from the school.... damaged chair, hoses, florescent light bulbs and more ). The principle is well aware that it was me who made the complaint. (I have e-mail traffic between Code enforcement and myself to show this) I also contacted the local police department after the incident and took an officer back to the path. He verified that there were no posted signs, and said I had nothing to worry about. My question is: Was I Trespassing? Could I be charged even though I left the property when asked? If I am charged in the future I believe I would be singled out since I have not heard of anyone else ever being asked to leave. I also think it would just be seen as an act of reprisal on the schools part. Finally, Would I have a case if I wanted to clear my good name?
- Category: Real Property
- Subcategory: Trespassing
- Date:
- State: South Carolina
Answer:
Trespassing occurs when someone enters another person's property without permission. To prove trespass, there must be some damage caused, even if slight. If the trespass is intentional, it can be a crime. Generally, a trespasser must knowingly enter without permission. This knowledge can be inferred if the owner has asked them to leave, if the property is fenced, or if 'No Trespassing' signs are posted. If the property is open, and the trespasser leaves when asked, they are less likely to be prosecuted.
Civil trespass requires the landowner to take action in court to recover damages. In addition to damages, a court can issue an injunction against further trespassing. Consent to enter can be express (verbal or written) or implied by the owner's behavior or circumstances. If the property has been used by others for a long time, the doctrine of adverse possession may apply, which allows someone to claim rights to the property after open and notorious use for a certain period, typically ten years in many states.
In your case, since the path has been used for years without signs prohibiting entry, and you left when asked, it seems unlikely you would be prosecuted for trespassing. However, if the school puts up 'No Trespassing' signs, it could change the situation. If you feel you are being singled out or retaliated against for reporting the trash dumping, you may have grounds to pursue a case to clear your name, depending on the circumstances and evidence you can provide.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.